You can only ask for a review when the Commissioner’s decision is clearly unfair (or ‘manifestly unreasonable’), wrong in law, or both. You can’t apply for a review if you just disagree with the decision.

Types of decisions that can be reviewed

You can ask for a review of decisions about:

applications for legal aid, including when they are turned down

the maximum level of legal aid you get

the amount of legal aid you need to repay

the conditions on a grant

stopping, or changing a grant

a charge, or security, placed on property owned by someone granted legal aid

What does ‘manifestly unreasonable’ mean?

A decision is manifestly unreasonable if it’s shown ‘clearly and unmistakably’ that the Agency’s decision ‘went beyond what was reasonable or was irrational or logically flawed’ (Legal Services Agency v Fainu [2002] 17 PRNZ 433).

What does ‘wrong in law’ mean?

A decision is wrong in law if it derives from an inaccurate application or interpretation of a statute, or is wrong in principle, or if a decision-maker has failed to take into account some relevant matter or takes into account some irrelevant matter, or if the decision depends on findings that are unsupported by the evidence (Legal Services Agency v Fainu [2002] 17 PRNZ 433).